If you are transferring property from a trustee (the apparent purchaser) to the beneficiary for whom the property was acquired (the real purchaser) and there is no duty endorsed declaration of trust evidencing the claimed trust relationship, provide:
- the transaction record (such as a transfer or agreement to transfer) or a copy of the duty endorsed transaction record is applying for a reassessment
- a completed Foreign Transfer Duty Declaration Form
- a duty endorsed copy of the agreement for transfer for the acquisition of the property by the apparent purchaser, e.g., contract for sale, offer and acceptance If this cannot be provided and the transaction lodged relates to residential property transferred, or agreed to be transferred, to a foreign person, provide
- the date of the original acquisition of the property
- if the acquisition was after 1 January 2019, evidence whether foreign buyer duty was paid on the acquisition
- the reasons why the apparent purchaser acquired the property, rather than the real purchaser
- documentary evidence to support that the real purchaser provided the money to acquire the property, e.g., bank statements, receipts, etc.
- if any improvements have been made to the property since the property was acquired in the name of the apparent purchaser – documentary evidence to support that the real purchaser provided the money for those improvements
- if a person other than the real purchaser provided the money – documentary evidence to support that the money was provided as a loan that has been or will be repaid by the real purchaser, e.g., loan approval from a financial institution, bank statements, receipts, etc.
- any other evidence to support the intentions of the parties at the date of acquisition of the property.
An assessment of duty will not be issued until all required information is provided.